FOSTER v. MENTOR WORLDWIDE LLC

Filing 46

ORDER granting 43 Motion for Partial Summary Judgment. Ordered by US DISTRICT JUDGE CLAY D LAND on 02/25/2016. (CCL)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF GEORGIA
COLUMBUS DIVISION
IN RE MENTOR CORP. OBTAPE

*

TRANSOBTURATOR SLING PRODUCTS

*

LIABILITY LITIGATION

*

MDL Docket No. 2004
4:08-MD-2004 (CDL)
Case Nos.
4:13-cv-040 (Foster)

O R D E R
Plaintiff Tina Foster was implanted with ObTape on February
25, 2004.
ObTape.

She contends that she suffered injuries caused by

Foster brought claims for negligence, strict liability

– design defect, strict liability – manufacturing defect, strict
liability
breach

–

of

failure
express

to

warn,

breach

warranties,

of

implied

fraudulent

warranties,

misrepresentation,

fraudulent concealment, and negligent misrepresentation.
Mentor
warranty

seeks

claims.

summary
Foster

judgment
does

not

on

Foster’s

contest

breach

Mentor’s

of

summary

judgment motion on these claims, and she “does not intend to
pursue claims for breach of implied or express warranty.”

Pl.’s

Resp. to Def.’s Mot. for Partial Summ. J. 1, ECF No. 44 in 4:13cv-40.
claims.

Summary
Foster’s

judgment

is

claims

therefore

for

granted

negligence,

strict

as

to

those

liability

–

design defect, strict liability – manufacturing defect, strict
liability

–

failure

to

warn,

fraudulent

misrepresentation,

fraudulent concealment, and negligent misrepresentation remain
pending for trial.
Within seven days of the date of this Order, the parties
shall notify the Court whether the parties agree to a Lexecon
waiver.

IT IS SO ORDERED, this 25th day of February, 2016.
s/Clay D. Land
CLAY D. LAND
CHIEF U.S. DISTRICT COURT JUDGE
MIDDLE DISTRICT OF GEORGIA

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